BDA locks horns with KIADB over approving industrial layouts

Bengaluru: Securing permission for the development of industrial layouts and the construction of buildings has become a contentious issue for the Karnataka Industrial Areas Development Board (KIADB), as the Bangalore Development Authority (BDA) insists on having a say in the process.

In a letter addressed to the KIADB, BDA Commissioner N Jayaram urged the industrial board not to allow the formation of industrial layouts and buildings within the Bengaluru Metropolitan area without prior approval from the BDA.

In response to the BDA’s letter, dated December 22, KIADB’s Chief Executive Officer, Mahesh N, has requested the authority to withdraw its communication. He pointed out that KIADB is the designated planning authority for all industrial areas. Mahesh N also reminded the BDA that the clearances granted by the State High-Level Clearance Committee (SHLCC) and the State Level Single Window Clearance Committee (SLSWCC) for all projects are binding on all members, including the Urban Development department, which is part of these committees.

To bolster its argument, KIADB, in a comprehensive 14-page letter, cited the Karnataka Industrial Areas Development Board Regulations of 1969, which empower the Board to undertake developmental activities within industrial areas.

Additionally, KIADB clarified that until the Act was amended in February 2016, the BBMP (Bruhat Bengaluru Mahanagara Palike) held the final authority for granting permission and building plan sanctions in the industrial area. It also noted that the Karnataka State Small Industries Development Corporation Ltd has been entrusted with the authority to issue permissions for the construction of industrial areas falling within the BBMP limits.

The letter stated, “From the inception of the KIAD Act and regulations, it is the Board that has been responsible for granting permission and approving building plans. The reliance on the Apex Court judgment has no relevance since the judgment pertains to the levy of betterment tax under Section 18 of The Karnataka Town and Country Planning Act and does not pertain to plan sanction.”

Citing court orders, the Board also argued that once the government issues a notification for the change of land use for industrial purposes, there is no further requirement for a change of land use by the BDA.

The letter to the BDA concludes by stating, “Taking approval from the BDA would be contrary to the object of The Karnataka Industries (Facilitation) Act and amounts to detriment to the Ease of Doing Business Policy,” the letter to the BDA states.